HomeMy WebLinkAboutContracts & Agreements_51-2009_CCv0001.pdf FUEL SALES AGREEMENT
This fuel sales agreement ("Agreement") is made this
20g i J3 day of
("Effective Date"), between the City of Redlands, a municipal corporatt011
{"City"', and
a��- organized and existing Under the la\vs
ofthe State of California ("Buyer"). City and Buyer are sometimes individually referred
to herein as a "Party" and, together, as the "Parties."
I'D
RECITALS
A. The Parties contemplate that Buyer will purchase from City and City will sell to
Buyer fuel on an ongoing basis.
B. To avoid having to resolve questions of conflicting terms and conditions On
purchase orders and purchase order acknowledgments each time - purchases i`uel
11� ime Buyei
from City, the Parties wish to enter into an agreement that sets forth the terms and
conditions that will govern all such transactions between them.
In consideration of the mutual benefits and obligations set forth in this Agreement, the
Parties agree as follows:
AGREEMENT
ARTICLE I - DEFINITION OF PRODUCT
1.1 The term "fuel" means Liquid Natural Gas/Compressed Natural GJs
{"LNG/CNG") for which Buyer issues to City a purchase order during the tel oftij'
is
Agreement.
ARTICLE 2 - ISSUANCE OF PURCHASE ORDERS
2.1 Buyer may issue purchase orders to City from time to time. Each PL1FChc1SC
shall contain a description of the products ordered, the quantities and prices. the sil"'Plilem
schedule, the terms and place of delivery, and the following notatioll: "This order Is
issued pursuant and subject to Agreement No. [number] between City and bL1VCr," Y,'VeJ-V
purchase order issued by Buyer to City following the date of this Agreement a'uid bearing:
such a notation shall be governed by and be deemed to include the provisions of this
Agreement. In the event of any inconsistency between the terms and conditions of this
Agreement and the terms of a purchase order, the terms and conditions of this Agreement
shall prevail.
WINI'Agree"IFLIel Sales Agreement
ARTICLE 3 -- SAFETY TRAINING
3,1 All of Buyer's drivers utilizing the City's fuel facility shall undergo training ng to
provide for the safe fueling of Buyer's vehicles. Z�
3.2 Failure of Buyer's drivers to show proof of training will result in the immediate
suspension of sales to Buyer until such proof can be shown.
ARTICLE 4 - TERM
41 The term of this Agreement for purposes of purchase order placement shall
commence on the Effective Date of this Agreement and continue for a subsequent period
of five (5) years.
ARTICLE 5 - CANCELLATION
5.1 Either Party may terminate this Agreement at any time upon twenty (20) days'
prior written notice.
ARTICLE 6— INDEMNIFICATION
6.1 Buyer shall defend, indemnify and hold harmless City,
, its elected officials,
officers, agents and employees, from and against any and all liabilities, damages, losses,
costs and expenses for 'injury to property or injury or death of any person arising Out Of 01-
in connection with products and services to be provided under this Agreement. Buyer
also shall release and waive any liability of and claim against the City, its elected '
officials, officers, agents, and employees, for loss of or damage to property, inchl(fing
loss of use arising directly or indirectly out of or in connection with Buyer's performance
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under this Agreement.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-
house counsel by a Party.
7.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California,
7.3 If any provision or part of the Agreement is held to be void or unenforceable
under any law or regulation, it shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon the parties.
DAI'Acuee"Fuel Sales Agreement
7.4 This Agreement contains the entire agreement of the Parties and supersedes all
prior verbal or written agreements of the Parties with respect to the subject matter hereof.
This Agreement shall be amended or modified only by written acreement, signed by the
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Parties.
IN WITNESS WHEREOF, duly authorized representatives of the Parties hakesigned-U1confirmation of this Agreement.
CITY OF RE LAND ATTEST:
B Ma or
M
on Harrison, Mayor
City Clue-
BUYER
By
Date
NAME
TITLE J�\hi'�V\��a
WORD: FROMS: FM FUEL SALES AGREEMENT
DJNV1';AareeTLJCl Sales Agreement
3
CITY OF REDLANDS
EQUIPMENT MAINTENANCE DIV.
1.270 W. PARK AVE. Bldg. E
Redlands, CA. 92373
909 798-7567
Fax 909 335-4782
APPLICATION FOR LICNG REFUELING STATION
Business name or individual: ti,,A
Phvsical address:
City, State, Zip: ,
Mailing address:
City, State, Zip:
Telephone number: '09' 24 , - �?d' Fax
Responsible individ ia�and title:
Signature: {�
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Description of vehicles and unit numbers:
UNIT # YEAR MAKE MODEL
1
e
April 14, 2009
MEMORANDUM
I'O: Teresa Ballinger
FROM: Gary van Dorst, QOL Director
SIJBJECT: REQUEST FOR MAYOR'S SIGNATURE ON FUEL SALES AGREEMENT
This memorandum transmits to you the attached Fuel Sales Agreement with Florin Tain for the,
sale of City CNGILNG. For reference sake, the City Council authorized the Mayor, or his
designee, to execute fuel sales agreements for the sale of City fuel to outside users on September
4. 2007.
if you have any questions,please feel free to contact me at x7583.